H1B Amendment yet to be done, can i go for H1 transfer in parallel


I got my H1b in 2014 nov with LCA filed in newyork. However i started working for a client A in california from Nov 2014, so my employer filed a new LCA for california but he didnt do an H1B Amendment. But my employer is ready to do the H1B Amendment now. I also have an offer with new employer B who is ready to do my H1 transfer. Please advise me on the below

1.)Can i do a H1 transfer with new employer B without doing my previous H1B amendment

2.) or should i do my H1B amendment and then ask my new employer to do the H1 Transfer

3.) or should i do both in parallel

4.)is there a chance of rejection since i am doing the amendment after an year of change with my work location. Any suggestions will be much helpful. Appreciate your response. thanks.

First, your employer did a mistake by not filing H-1 amendment. USCIS made the rules clear last year that amendments are required in such a case.

Second, the deadline for filing amendment was Jan 15, 2016. So you are in incorrect status for 2-3 weeks only.

B should be able to file transfer w/o the amendment. However, you should explain all this to B’s attorney and then can tell whether they want to proceed with it or not.

Hi Saurabh, Thanks for your response.
I am planning to initiate my H1B amendment. Can i work from my original h1b LCA posted location. my client accepts me to work remotely until my h1b amendment is approved.Also please let me know if i have to leave country if my h1b amendment is denied since i am filing it after 15+ days of grace period, or can i work from my h1b petition’s LCA location? since my i94 is valid till 2017. please advise. thanks

Yes, you can work from the old LCA location. I am not sure how USCIS will react to the delayed filing. Your attorney may guide better on this.

Hi, This is an update to my question which i have posted earlier regarding “H1B Amendment yet to be done, can i go for H1 transfer in parallel

My H1 transfer with my new employer is completed successfully. I was in a situation where, i was working for a client , but my employer never did an H1 Amendment, he just Changed the LCA alone. So later i pushed him to do my H1 amendment and he filed H1 amendment. Meanwhile i had an offer where they were ready for H1 transfer but i was little hesitant whether my delay in H1 amendment which was in progress could impact the current H1 transfer. But in my case, it didnt impact. Thanks Saurabh for your suggestions.

Thanks for posting the update and letting the forum know about the resolution. Good luck!